Los Angeles daily herald., 1887-06-10
Suffers SHOT.
He Creases James Mack-Relieved
of His star.

| VI hhhH
Yesterday evening Deputy Constable
Sutter, who had in his pocket warran!
for the arrest of James Mack on charge
of petit larceny for taking a set Of bill
lard balls from saloon ON Main street,
met his man in Browns saloon on Los
Angeles street. Sutter walked up to
him, and taking out the warrant started
to read it, Mack seized the opportunity
while Sutter was engrossed in reading
the document to sneak out Of the saloop,
and when Sutter looked up his prisoner
had disappeared. Sutter sprang to the
door and saw Mack fleeing down the
street. Sutter ordered Mack to stop,
but no attention was paid to the order
and Sutter pulling his revolver shot at
the escaping man. This shot did not
hit its intended mark. but Mack feigned
to be shot by staggering, and then con-
tinued his flight. Sutter fred the sec.
ond time and brought down his man.
When he reached Mack he found that he
had creased him, the ball passing along
the back of the neck and inficting only
flesh wound. Sutter took Mack to
the county Jail, where the wound was
dressed and the prisoner sent to bed.
Mack stated that he had no bad feelings
toward Sutter, who had done his duty.
He knew he had done wrong and de.
served all he got. Sutter went to the
city prison to give himself up, but
Justice Austin telephoned that the only
thing necessary was for Sutter to appear
before him in the morning. Sutter then
went out to look For Mack's partner and
while out he was deposed from office by
Constable Ed. Smith for another mat.
ter which happened earlier in the
day. Itwas stated that during the day
man giving his name as NJ. Bennett,
but who is said to be shoemaker
named Simons, a resident OF Whining.
ton, went into a house of prostitution
on Alameda street, and after spending
some time there was about to depart
when one of the inmates asked
him to remain, stating that a friend
would be in shortly with some beer.
Bennett or Simons waited, and shortly
afterward Sutter appeared with bottle
of beer under each arm. After drink
ing the beer q quarrel occurred, and
Sutter arrested Bennett or Simons and
took him TO the county jail, where he
charged him with impsrsonating an Of
ficer, and ordered that he should be re-
tanned in custody unless he furnished
$50 bail. Bennett only had SAB in his
possession, and he obtained permission
to go out in charge of an officer to OBJ
tain the balance of his bail money.
While out he met the Sheriff, who or
dered that he be released on depositipe
the $43. Shortly afterward Constable
Ed Smith heard of the occurrence and,
accompanying the Sheriff to the county
jail, ordered that Benefits or Simon's
deposit be returned and that he be re-
leased ON his own recognizance to
appear in court this morning
at 9 o'clock. 1t was On this
account that Sutter was relieved
of his star, but Sutter is emphatic in his
denial of the charge. and states that he
can prove that Bennett or Simons went
to the house of ill.fame and, impersonat-
ing an officer, demanded the payment of
money for license. 1t was stated at
the police station that it had been re-
ported that some person, or persons, had
been impersonating police officers about
town, and that lookout is being kept
for the guilty parties. The entire affair
will be ventilated in the court o-day,
and if Sutter proves his assertions he will
be exonerated.
Under the law Of this State, Sutter
would have been guilty of murder had his
aim been little better. and the bullet gone
through Mack's head instead of creasing
him. Some officers, clothed with little
brief authority are too ready to pull their
weapons and blaze away at fleeing
man. 1t is not capital otfense to steal
a billiard ball, or any other small arti-
Gle, and man should not be killed for
it. An officer should exercise discre.
tion in the use of his pistol or he will
get himself into the clutches of the
law.